Kressly v. Theberge

FOSHEIM, Circuit Judge.

The parties own contiguous tracts of land in Dark Canyon along Rapid Creek west of Rapid City, Pennington County. The plaintiff Lloyd T. Kressly testified he purchased, improved and holds his property as his retirement home because it is a beautiful canyon with trees, shrubbery and privacy and provides a place for his grandchildren to visit him and fish. The defendant Dr. L. L. Theberge bulldozed a road across part of the plaintiff’s land and in so doing removed and injured trees and underbrush, disturbed the soil and landscape, and pushed debris into the creek.

Taking…